What construction public liability insurance is
Public liability insurance addresses what you may become legally liable to pay to someone else because of your business operations. A third party is anyone other than you and your employees: a passer-by, a neighbour, the owner of an adjacent building, a motorist or the employer’s own property.
The cover does not pay simply because something went wrong on site. Liability generally has to be established, and the insurer assesses the claim against the policy terms. Where cover applies, it usually extends to legal costs incurred with the insurer’s consent, within the limit of indemnity.
It also helps to be clear about what public liability is not. Damage to your own works is a matter for Contractors All Risk insurance. Injury to your own employees is dealt with through statutory and employers’ liability arrangements. Advice and design are a professional indemnity question.
Who may need public liability insurance
- Contractors working near the public, roads, pavements or adjoining properties, such as roadworks, drainage and building contractors.
- Contractors required by tender or contract to hold a stated minimum limit of public liability cover.
- Subcontractors whose main contractor requires proof of their own liability cover before they may enter site.
- Plant hire businesses that supply operated plant and want to understand their exposure to third-party claims.
- Contractors who excavate near existing services, where damage to pipes and cables can lead to significant third-party claims.
What may be covered, subject to terms
- Bodily injury to third parties
- Injury to members of the public or to others on or near your work, where you are legally liable.
- Damage to third-party property
- Damage to neighbouring buildings, vehicles, boundary walls and other property that is not yours, subject to exclusions and conditions.
- Legal costs
- Defence costs incurred with the insurer’s consent, usually within the limit of indemnity. Check whether costs sit inside or outside the limit.
- Subcontractors
- Liability arising from work carried out by subcontractors can be addressed in the policy, and insurers often ask about the subcontractors’ own insurance and contracts.
- Indemnity to principals
- Many contracts require the employer or principal contractor to be indemnified or noted as an additional insured. Policies can sometimes be extended to do so, subject to terms.
- Completed operations
- Liability arising after the work is completed, where the policy includes it. Check how long it applies and what is excluded.
Important limitations and questions to discuss
- Underground services
- Damage to buried pipes, cables and other services is a leading source of claims on civil sites. Policies may exclude it, impose a higher excess or a lower limit, or require evidence that services were located before work started.
- Vibration, removal or weakening of support
- Piling, excavation and demolition near existing buildings can cause cracking or subsidence. Cover is often restricted for these causes, or only available with special terms.
- Pollution and contamination
- Gradual pollution is commonly excluded. Sudden and accidental pollution may be treated differently, and the policy wording needs close reading.
- Contractual liability
- Liability you accept under a contract, beyond what the law would impose, may be excluded. Review indemnity clauses in the contract before signing.
- Employees and professional services
- Injury to your own employees and negligent professional advice are generally outside this cover and need separate consideration.
- Limit of indemnity and excess
- The limit is the most the insurer will pay for a claim or in total. Check whether it applies per event, per period or both, and what excess you carry.
- Specialist activities
- Blasting, piling, demolition, work over water, working at height and underground work may need to be declared and may be excluded or priced separately.
Exposures to assess on a construction site
The examples below illustrate why the detail matters. They are exposures to assess, not statements that any policy will pay.
| Situation on site | Question to ask about the policy |
|---|---|
| An excavator strikes an unmarked water main and floods an adjoining property | How are underground services treated, and what excess or sub-limit applies? |
| A pedestrian is injured at a site access point | Does the limit of indemnity match the largest realistic bodily-injury claim, and does the contract set a minimum? |
| A subcontractor’s crane drops a load onto an adjacent roof | Is the subcontractor insured, and does your policy respond to liability arising from their work? |
| Excavation next to a boundary wall causes the wall to crack | Is there an exclusion or condition for vibration and removal of support? |
Information we usually need for a quotation
The information below helps the insurer see how your business operates and what the contract requires. See our guide to construction insurance quote documents.
- A description of your main activities and the types of project you undertake.
- Your annual turnover, or the estimated annual contract value or wages, as the insurer requires.
- The areas you work in and any work near public roads, buildings or live services.
- Specialist activities such as blasting, piling, demolition, work over water or underground work.
- How you use subcontractors, and whether they carry their own insurance.
- The limit of indemnity your contract or tender requires, if known.
- Your claims history and the details of any existing policy.
You do not need everything on day one. A short description of the work is enough to start, and the quote form only asks for the details relevant to your enquiry.
Frequently asked questions
What limit of indemnity do I need?
Tender and contract documents often state a minimum. Beyond that, it is a business decision based on the largest claim you could realistically face. We can discuss the options, but the limit available depends on the insurer’s underwriting.
Does public liability cover damage to the works I am building?
No. Damage to the works is dealt with under contract works insurance. Public liability addresses legal liability to third parties.
If I have Contractors All Risk, do I still need public liability?
Some contract works policies include a liability section, but it may be limited to a specific project or not meet the contract’s requirements. See Contractors All Risk versus public liability.
Does it cover my own employees if they are injured?
No. Injury to employees is addressed through statutory arrangements and, where relevant, employers’ liability insurance.
Related cover
- Contractors All RiskCover for the works under construction, such as roadworks, drainage, pipelines and structures, subject to policy terms.
- Employers’ liabilityHow employers’ liability cover may relate to employees, and why it never replaces statutory workplace obligations.
- Professional indemnityCover aimed at claims arising from professional services a contractor provides, such as design, specification or supervision.
- Construction fleetVehicle cover for construction businesses: bakkies, tippers, low-beds and water tankers, and the boundary with plant cover.
Related guides
- Contractors All Risk vs public liabilityThe difference between Contractors All Risk and public liability insurance: first-party damage to the works versus third-party liability, and how the two may overlap.
- Construction insurance checklist for contractorsA construction insurance checklist for a broker conversation: project details, contract requirements, covers, plant, subcontractors and comparing quotations.
- Insurance after winning a tender: what to prepareWhat to do about insurance after a contract award: reading the contract’s insurance clauses, listing required covers and evidence, timing, and what to send your broker.
Industries this applies to
- Drainage and sewer contractorsExcavation near existing underground services, trench collapse, flooding and pollution in drainage and sewer work.
- Building contractorsContract works, adjoining property, materials and subcontractors on building projects.
- Demolition contractorsSurrounding property, vibration, dust, hazardous materials and specialist underwriting for demolition.